Allahabad HC Rules Against Routine DNA Tests in Paternity Disputes

The Allahabad High Court has clarified that DNA tests to determine a child’s paternity cannot be mandated as a standard procedure during legal disputes over parentage. Justice Chawan Prakash issued this ruling while dismissing the case of Ramraj Patel, who questioned the biological parentage of his daughter born in December 2012.

Patel’s claims stemmed from his assertion that his wife had been living at her parental home since May 2011, raising doubts about the child’s lineage. He appealed to the high court after the Additional Sessions Judge in Varanasi denied his request for a DNA test, which was initially rejected by the Special Chief Judicial Magistrate.

In his appeal, Patel described his marriage to his wife in April 2008, noting that she resided with him for only a week before returning to her family home. He argued that his wife’s professional background as a teacher at an Inter College contributed to her reluctance to live with him, whom he described as an “illiterate villager.”

The court’s decision, delivered on November 21, emphasized that orders for DNA testing should only be issued under specific circumstances. Justice Prakash stated that such requests could be considered only when there is clear evidence of “no chance for cohabitation” between the parties during the relevant time frame.

This ruling sets a significant precedent in paternity disputes, establishing that courts must carefully evaluate the context and circumstances before ordering genetic testing. The implications of this decision could influence future cases involving child parentage, as it underscores the need for substantiated claims rather than assumptions based on marital discord.